Legal Question in Personal Injury in Texas

My mother was rear ended by a hit and run driver and it totalled her car. A police report was filed, the driver has been identified, and he had insurance coverage. My mother did not have insurance coverage at the time of the accident, and she does not know her legal rights in dealing with the hit and run driver's insurance company. Can you help us know her legal rights before dealing with the insurance company?


Asked on 10/16/09, 1:29 am

3 Answers from Attorneys

Kristopher Barber The Barber Law Firm, PC

If the other insurance company can confirm coverage for that driver, they will likely offer your mother a "fair market value" for her car. You can do some research online to determine what that should be.

If she was injured in the accident, she needs to contact a personal injury attorney BEFORE talking to the insurance company. Her rights can be greatly affected by dealing with the insurance company on her own.

Our firm offers free consultations. If you would like to discuss the matter further, please feel free to contact me directly.

(972) 231-5800

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Answered on 10/21/09, 9:19 am
Jeffrey Brashear The Brashear Law Firm, PLLC

Based on what you have written, it appears that your mother may have a valid claim against the other driver's insurance. Dependent upon the property damage and personal injury sustained due to the accident; the insurance company may offer your mother a fair market value for the property and some compensation for any personal injuries. You mother should consider speaking with a law firm to assist her in protecting her rights and interests. The insurance companies are very well-trained in the art of cheap settlement. If your mother takes the insurance company on alone, her rights and interests can severely be affected. If my law firm can assist you or your mother with this legal issue or any other legal matter, please contact us at [email protected] to arrange for a free initial consulation.

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Answered on 10/21/09, 10:07 am
Jason Kipness Kipness Law Firm

Your statement seems to indicate the other driver is responsible for the accident.

There are two claims here: personal injury and property damage.

Regarding property damage, assuming the insurance company accepts responsiblity for its driver, it should pay fair market value for the car.

Regarding personal injuries, your mother should not speak to the insurance company or turn over any documents before speaking with a Texas personal injury attorney. Specifically, your mom should not give a statement, turn over medical records, or sign any documents from the insurance company.

If your mom was injured, she may be entitled to compensation for medical bills, future medical care, lost wages and other injuries such as pain, impairment, and mental anguish.

If your mom was injured she needs to see a doctor and address her injuries ASAP.

The insurance company, no matter how nice they act on the phone, do not care about your mom. They are interested in making profits. They do this by refusing to pay claims, delaying payment of claims, or making low offers on claims.

For more Texas personal injury information, please visit www.kiplawfirm.com or send a confidential e-mail to this website.

Sincerely,

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Answered on 10/21/09, 10:39 am


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